H1B Visa rejected due to willful material misrepresentation

[apolisetti]

Hi

I have been on H1 visa for two years before I went to get stamped , August 2009.

My Visa has been rejected due to "willful material misrepresentation" ..essentially for the "****" experience in my resume.

Is there any one out there who can guide me on what to do next to get back into the states?

Thanks

AK

[txh1b]

Nothing can be done. A lie on the visa application leads to permanent ban as per the law.

[apolisetti]

Does this also mean , I can not come back on a H4 visa? My wife is currently working on her H1 visa

Thanks for your response

[krishi82]

Hmmm...

I am very sorry to hear that. Can you tell me how could they find about your **** experience, weren't u careful. To my knowledge you could be able to file for h4.

[ramsdream]

**** experince H1B

Hi,

Visa interview found that part of my experince is **** and asked me to agree as that is ****. first time I said it was not but they are forcing agian and again then I had to agree for that. Then they told next time dont do all these things and I came out.

Could you please tell me what about the chances of getting H1 or L1 or B1 in my case in future... experts please advise.

Thanks.

[h12010]

Hello Rams,

I am really sorry for your visa man , how did the VO come to know that part of your experience is ****

[visa3006]

H1B Visa rejected due to willful material misrepresentation

Hi,
I am currently in the same situation as 'rams' and 'apolisetti' mentioned above.. I worked in US for 2 years before I went for H1 stamping in India in Dec '09 and visa was rejected due to the misrepresentation in one of the experience letter.

My wife is currently working on her on H1B. And, we are in dilemma, strucked and screwed..
Did you apply for H4? If so, how did it go?

Please share your experience which would be very helpful and thank you in advance.

Thanks,
Visu

[meanmachine]

How th hell did they know that it is a **** experience

did you have that information on DS 157?
I would like to know.. please elaborate if you can

[apolisetti]

Visu,

Looks like it is completely screwed. It happened like this.
I had a 2 years of experience from a company in Hyd which was a true exp.
A few months ago two officers from US Consulate visited our institute to enquire about the experience letters that I provided. But during the visit they failed to mention the purpose of their visit. Instead they were asking a lot of questions about the institute, the courses we offered, and the opportunities they might have in the job market. This was all very confusing conversation and all of a sudden they showed me a document that was completely covered but for employer apparent signature on the document. He enquired them for more details about the document they were holding and the purpose of the visit. They refused to say anything about it. Instead they asked him to verify the signature. He could not accept signature without knowing the veracity of the document. At a later point they showed him my picture, and said they are here to enquire about the experience letter that was put in while applying for H1B visa.

Just because it was not straight and confusing, company guy had to say it was not his sign to be on a safe side.

Now, we really do not know.. what will work. Guess anything on this stuff doesn't work anymore. :-(

[Peela99]

DOL Audit - Questions

Questions asked by DOL to company employee's are as follows.

1. When did you come to US and when did you start? Did you pay for the h1b
2. Did you pay for any thing else like attorney fees
3. Did the company provide you with I129 application -797 and LCA
4. Where all did you work?
5. What is your job title?
6. What are your qualifications?
7. And what location did you work
8. Are you getting paid for vacation and holidays or when you have no project?
9. What kind work do you do?
10. Is the LCA displayed in the work site?
11. Did the company charges anything if you leave the company?
12. Did you sign any contract saying that you will not leave.
13. How do you know about the company?
14. Are you in Bench during your stay with the company. If so did you get paid for it.
15. Do you have copy of the LCA with U and what does it say regarding the work location.
16. Are you paying for your payroll? ( I didn't get this question?)
17. How many holiday and vacation are there for you.
18. How are you getting paid i..e by check, cash, or direct deposit.
19. Get paid on bench or not?
20. Have you paid H1B fee, lawyer fee or any other fees to company?
21. Did you pay monies to run your payroll to your employer?

Some of the above questions are very tricky and not sure how to answer if I face - one of my friend got sent back since he answered yest to some of the questions which he couldn't understand clearly.

Can some one tell me how much serious this matter is? Should I find another company and move out?